Creating a Persuasive Precedent

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A Persuasive Precedent is one which does not have to be followed by a judge, but which can influence their decision. There are 5 main ways to do this:

If a precedent was made by a lower court.

  • In R v. R a judge in the House of Lords followed a precedent set by a judge in the Court of Appeal though he did not have to, which made it illegal for a husband to **** his wife.

Other things said in the judgment - Obiter Dicta

  • In R. Howe, a judge decided he…

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